SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - Sale of property with condition to buy back within 5 years - Held, transaction was mortgage and not a sale - Suit for redemption of mortgage is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52, Land Acquisition Act, 1894, Section 6-- Lis pendens - Declaration u/s 6 in respect of acquisition of land issued - High Court set aside declaration u/s 6 of the Act - Order of High Court set aside by Supreme Court - Held, that if applicants are purchasers of land pendente lite which was subject matter of different proceedings before..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 106-- Cancellation of perpetual lease - Lease cancelled and possession of land taken over - Contention that lease was wrongly cancelled - No specific plea raised or substantiated as to how the Director of Industries was not competent to cancel the lease deed or to exercise the powers - No substantial..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 111(g)-- Lease - Forfeiture - There is no question of a notice u/s 111(g) of the Act arises when suit was between two hostile persons claiming ownership in themselves...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 113-- Notice to quit - Waiver - Simply because a landlord issues second notice it does not amount to waiver of the first notice - Tenant must prove that the landlord had an intention to treat the lease as subsisting and that he had expressly or impliedly consented...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 34, Rule 7, Transfer of Property Act, 1882, Section 91, 60-- Suit for redemption of mortgage - Death of mortgagee - Necessary parties - In a suit for redemption of mortgage, all the heirs and legal representatives of the deceased mortgagee are necessary parties - However, in a case where some of the legal representatives are already on record then suit..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61(a)-- Usufructuary mortgage - Redemption - Limitation - No time limit fixed for redemption - Property can be redeemed at any time as the right to seek redemption would not arise on the date of mortgage but will arise on the date when the mortgagor pay or tender to the mortgagee or deposits in Court the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52-- Lease or licence - Exclusive possession of a party to suit premises is not conclusive as the other tests namely intention of parties and whether the document creates any interest in the property or not are important considerations - In the facts of present case defendant was allowed to run the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 122, 123-- Gift - Acceptance - Even a silence may sometime indicate acceptance - It is not necessary to prove any overt act in respect thereof as an express acceptance is not necessary for completing the transaction of gift...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 122, 123-- Gift - Acceptance - To constitute a valid gift its acceptance is essential - Transfer of Property Act does not provide any particular mode of acceptance - There may be various means to prove acceptance of gift - Documents may be handed over to donee - It will amount to valid acceptance - The fact..........